Living Will
How will decisions be made about your health care if you are unable to communicate yourwishes? Will the decisions be those that you would have wanted? Who will the decision-makers
be, and how will they know what to do?
These questions are frequently asked by senior citizens, their families and their health-care
providers. But they can also be important to the young when face with an unexpected accident or
debilitating illness.
A "Living Will" is the popular term for a document in which you describe the kinds of medical
treatment you would agree to - or not agree to - if you were unable to make or communicate
those choices yourself. A Living Will is sometimes called an Advance Directive for Health Care,
or a Health Care Declaration. A Living Will is not "binding" in Massachusetts - we do not have a
law requiring hospitals or other health care providers to follow the instructions contained in a
Living Will. But a Living Will can provide valuable guidance to health care provider, or a court,
that is trying to make a health care choice on your behalf.
A Living Will also serves to inform your health care agent who you have appointed in your
Health Care Proxy of your desires regarding your medical care. A Living Will sets forth the
specific choices you have made in advance as to what medical treatment you wish to have in
specific situations. For example, you may not want extraordinary medical measures taken,
especially those that would cause you pain or discomfort, if those measures would only prolong
the dying process. You should be as specific as possible in your Living Will. A Living Will
works in conjunction with your Health Care Proxy document. Although Living Wills are not
formally recognized in Massachusetts, they are useful as statements of your intentions. Living
Wills are formally recognized in New Hampshire and many other states. A Living Will simply
aids your agent in making decisions on your behalf. You should you execute both a Living Will
and a Health Care Proxy.
You should also consider having a Durable Power of Attorney so that your agent has power to
provide funding for medical care and treatment. The agent appointed may, but need not be, the
person who is the Health Care Agent named in your Health Care Proxy. Call us so that we may
prepare these important documents for you or someone you love.